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27-67-311. Condemnation petition — Notice.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-67-311. Condemnation petition — Notice.
(a) The State Highway Commission may exercise its power of eminent domain by filing an appropriate petition in condemnation in the circuit court of the county in which the property sought to be taken is situated, to have the compensation for right-of-way determined, giving the owner of the property to be taken at least ten (10) days' notice in writing of the time and place where the petition will be heard.
(b) If the property sought to be condemned is located in more than one (1) county, the petition may be filed in any circuit court having jurisdiction in any county in which the whole or part of the property may be located. The proceedings had in the circuit court will apply to all such property described in the petition.
(c)(1) If the owner of the property sought to be taken is a nonresident of the state, notice shall be by publication in any newspaper in the county which is authorized by law to publish legal notices. This notice shall be published for the same length of time as may be required in other civil causes.
(2) If there is no such newspaper published in the county, then publication shall be made in a newspaper designated by the circuit clerk, and one (1) written or printed notice thereof posted on the door of the county courthouse.
(d) The condemnation petition shall describe the lands and property sought to be acquired for state highway right-of-way purposes and shall be sworn to.
(e) Where the immediate possession of lands and property is sought to be obtained, the Arkansas Department of Transportation may file a declaration of taking, as provided by § 27-67-312, at any time before judgment or together with the condemnation petition.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-67-311
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:27-67-311
Source file: gov.ar.code.title.27.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 9aa2721882327b2d508bb01950d69ee151eca71dd5e4c86868b5d0fc92808767
Source location: content.xml paragraph 23405
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27-67-311. Condemnation petition — Notice.
(a) The State Highway Commission may exercise its power of eminent domain by filing an appropriate petition in condemnation in the circuit court of the county in which the property sought to be taken is situated, to have the compensation for right-of-way determined, giving the owner of the property to be taken at least ten (10) days' notice in writing of the time and place where the petition will be heard.
(b) If the property sought to be condemned is located in more than one (1) county, the petition may be filed in any circuit court having jurisdiction in any county in which the whole or part of the property may be located. The proceedings had in the circuit court will apply to all such property described in the petition.
(c)(1) If the owner of the property sought to be taken is a nonresident of the state, notice shall be by publication in any newspaper in the county which is authorized by law to publish legal notices. This notice shall be published for the same length of time as may be required in other civil causes.
(2) If there is no such newspaper published in the county, then publication shall be made in a newspaper designated by the circuit clerk, and one (1) written or printed notice thereof posted on the door of the county courthouse.
(d) The condemnation petition shall describe the lands and property sought to be acquired for state highway right-of-way purposes and shall be sworn to.
(e) Where the immediate possession of lands and property is sought to be obtained, the Arkansas Department of Transportation may file a declaration of taking, as provided by § 27-67-312, at any time before judgment or together with the condemnation petition.
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Arkansas Code — all titles (historical 2020) · legal_authorities
27-67-312. Declaration of taking.
(a) In any proceeding instituted by and in the name of the State of Arkansas, involving the acquisition of any real property or any interest therein or any easements for public highway purposes, the petitioner may file a declaration of taking at any time before judgment signed by the Director of State Highways and Transportation, or with the condemnation petition, declaring that the real property or any interest therein or any easement is thereby taken for the use of the State of Arkansas.
(b) The declaration of taking shall contain or have annexed thereto the following:
(1) A statement of the authority under which the property or any interest therein or any easement is taken;
(2) A statement of the public use for which such property or any interest therein or any easement is taken;
(3) A description of the property taken or any interest therein or an easement, sufficient for the identification thereof;
(4) A plat showing the property taken or any interest therein or any easement; and
(5) A statement of the amount of money estimated by the acquiring agency to be just compensation for the property taken, or any interest therein or any easement.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-67-312
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 27-67-312. This identifies an authority to review, not proof of applicability.